Articles Tagged: SCOTUS


SCOTUS Patent Cases to Know for 2017


As we approach the end of 2016, it’s a good time to look ahead to the cases that may have a significant impact on patent law in the coming year. Here is a preview of some of the important patent decisions on the Supreme Court’s docket for 2017.


Over the last 15 years, the Federal Circuit has continued to expand the scope of the extraterritorial effect of U.S. patent law.
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SCOTUS Sides With Samsung

In a unanimous decision, the Supreme Court ruledon Tuesday in favor of Samsung in their ongoing case against Apple over design patent damages. The Court’s decision reversed an earlier ruling by the Federal Circuit that awarded Apple $399 million in damages.

The central argument in the case was over the language of 35 U.S.C. §289, which stated that a defendant found infringing on a patented “article of manufacture” was “liable to the owner to the extent of his total profit.” See Samsung Electronics Co. v. Apple Inc., 580 U.S. ___ (2016).

The court held that the term “article of manufacture” should not necessarily be construed to mean only an end product sold to consumers, but could also be construed more broadly to mean infringing components of a product.
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Apple v. Samsung is SCOTUS's First Design Patent Case in 122 Years


The Supreme Court announced Monday that it would agree to hear part of an appeal filed by Samsung seeking to overturn a $548 million damages award granted to Apple last year. Aside from finally closing the door on this five-year saga between Apple and Samsung, SCOTUS’s decision is newsworthy because it’s the first case before the Court involving design patents since 1894. See Dunlop v. Schofield, 152 U.S. 244 (1894).

The Court agreed to hear arguments regarding whether Samsung is liable for all profits from the sale of phones that infringed on Apple’s design patents, totaling $399 million dollars, or whether they are liable only for the portion of those profits attributable to the role those protected design elements played in actual phone sales.
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Get the Fastest SCOTUS News Alerts, Such As the Court's Recent Same Sex Marriage Decision



On July 26, the Supreme Court ruled in Obergefell v. Hodges that states must recognize same-sex marriage. The long awaited decision was 5-4, with Justice Kennedy casting the swing vote in favor of upholding same-sex unions. In his opinion for the majority, Kennedy wrote:

No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family.
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